Other conditions Board decisions

The Board has decided that the Veteran's convulsive tic disorder warrants a 10 percent rating, but has remanded for further development to determine if a higher rating is warranted.

The Board denied the Veteran's claim for service connection for a respiratory disorder, finding no link between his current diagnosis and active service.

The Veteran's spouse requires regular aid and assistance to perform activities of daily living due to significant vision impairment, which is considered a need for aid and attendance. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board found that the Appellant's discharge from active service was due to willful and persistent misconduct, resulting in a regulatory bar to VA benefits.

The Board has determined that the Veteran's cause of death, respiratory failure due to pneumonia, was at least as likely as not caused by his exposure to Agent Orange during service. Therefore, service connection for the cause of the Veteran’s death is granted.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and requests remand for compliance with contested claims procedures, including providing the Veteran with a copy of the appellant's August 2019 substantive appeal. The parties are also asked to provide updated information regarding their monthly income and expenses as well as any records of child support payments made by the Veteran.

The Board has determined that the appellant is legally married to the Veteran until his death in December 2012 and has not remarried. Therefore, she qualifies as the surviving spouse for VA death benefits.

The Board has determined that the Veteran's squamous cell cancer of the left tonsil and tongue with left modified radical neck dissection and tonsillectomy is at least as likely as not associated with herbicide exposure, specifically Agent Orange. As such, service connection for these conditions is granted.

The Board has remanded the case due to incomplete medical records and for further development regarding service connection for cause of death and SMC for accrued benefits purposes. The appellant is seeking service connection for the Veteran's death, which may be related to his service-connected disabilities, and a higher level of Special Monthly Compensation (SMC) for their helpless child.

The Board denied compensation for loss of vision due to left eye cataract surgery conducted by a private medical provider, finding that the event was not reasonably foreseeable and thus did not meet the criteria for VA negligence under 38 U.S.C. § 1151.

The Veteran's service-connected Other Specified Trauma and Stressor Disorder is currently rated at 30 percent. The Board has determined that a new examination is needed to assess the severity of his condition, as well as his ability to function in an occupational environment due to his disability.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence, but the case is remanded for further development.

The Veteran's right eye disability, including idiopathic choroidal neovascularization and choroidal osteoma, has been rated at 30 percent since the entire period on appeal. The rating is based on visual impairment due to the condition.

The Veteran's cause of death, pulmonary fibrosis, is found to be related to his exposure to biomass fuels during active service. The claim for the cause of death has been granted.

The Veteran's claim for service connection of various disabilities was denied. The effective date for the award of dependency benefits for his spouse (R.M.) is fixed at September 26, 2014.

The Veteran's service-connected right elbow disabilities are being remanded for further evaluation and rating consideration.

The Veteran's effective date for recognizing his spouse R.K. as a dependent is granted to March 21, 2012.

The Board has determined that the termination of an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of their minor child P.K., is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim and requires full compliance with special procedural regulations.

The Veteran withdrew his appeal for special monthly compensation (SMC) based on the need for aid and attendance or at the housebound rate, which was dismissed due to his explicit withdrawal.

The Veteran's right hip disability is being remanded for a new examination to assess the current severity of her condition, as she has asserted that the previous examination did not accurately capture her current disability picture.